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Old August 13, 2009, 06:13 PM   #18
pendennis
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Join Date: March 18, 2009
Posts: 572
IAN0351 -

The person, in this case, is not yet a "victim of false arrest/prosecution". Absent malice on the part of the prosecutor, you are required to pay for your own defense, or if you are unable, have counsel appointed by the state.

Proving malicious prosecution is a tough nut. Authorities have immunity from law suits when they're acting in their official capacities, and judges tend not to pi$$ off the folks they work with daily.

The ACLU nationally still does not recognize the right to keep and bear arms as an individual right. They still believe in an oxymoronic concept of group rights. The exception to this is the California branch. They have formally stated that they will now handle Second Amendment cases.

However, at the end of the day, authorities may only respond to being forced into court. Never omit the possibility of court action.
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